Common use of Additional Limitations Clause in Contracts

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not: (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments or questions concerning its use or the results of using the TCK (including relevant excerpts of the TCK itself, provided such TCK excerpts are inherently part of such test results); or (ii) create derivative works of the TCK(s); or (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) distribute code which has been tested against the TCK and which implements a substantial portion of the Java Specification unless such code is included in a Product within the meaning of Section 1.9 and unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty (180) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or (vii) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that the Product is “more compatible” than another implementation of the same Java Specification); provided, however, that with respect to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 of this Agreement, Licensee may neither: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not: (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments or questions concerning its use or the results of using the TCK (including relevant excerpts of the TCK itself, provided such TCK excerpts are inherently part of such test results); or (ii) create derivative works of the TCK(s); or (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) distribute code which has been tested against the TCK and which implements a substantial portion of the Java Specification unless such code is included in a Product within the meaning of Section 1.9 1.8 and unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty eighty (180) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or (vii) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that the Product is “more compatible” than another implementation of the same Java Specification); provided, however, that with respect to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 1.8 of this Agreement, Licensee may neither: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not: (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments comments, questions or questions particular results concerning its Licensee's use or the results of using the TCK (including relevant excerpts of the TCK itself) with other Oracle Licensees, provided that any Confidential Information disclosed by Licensee to another such TCK excerpts are inherently part licensee shall still be subject to the Confidentiality provisions of such test results)the recipient's Oracle License; or (ii) create derivative works of the TCK(s); or (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) distribute code which has been tested against the TCK and which implements a substantial portion of the Java Specification unless such code is included in a Product within the meaning of Section 1.9 1.12 and unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty (180120) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or (vii) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that the Product is “more compatible” than another implementation of the same Java Specification); provided, however, that with respect to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 of this Agreement, Licensee may neither: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not: (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments or questions concerning its use or the results of using the TCK (including relevant excerpts of the TCK itself, provided such TCK excerpts are inherently part of such test results); or (ii) create derivative works of the TCK(s); or (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) distribute code which has been tested against the TCK and which implements a substantial portion of the Java Specification unless such code is included in a Product within the meaning of Section 1.9 and unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty (180120) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or (vii) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that the Product is “more compatible” than another implementation of the same Java Specification); provided, however, that with respect to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 of this Agreement, Licensee may neither: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not: (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments or questions concerning its use or the results of using the TCK (including relevant excerpts of the TCK itself, provided such TCK excerpts are inherently part of such test results); or (ii) create derivative works of the TCK(s); or (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) distribute code which has been tested against the TCK and which implements a substantial portion of the Java Specification unless such code is included in a Product within the meaning of Section 1.9 1.12 and unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty (180120) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or (vii) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that the Product is “more compatible” than another implementation of the same Java Specification); provided, however, that with respect to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with (or an Intermediate Build to the extent permitted by Section 2.1[c] below)with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 1.12 of this Agreement, Licensee may neither: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not:may (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments comments, questions or questions particular results concerning its Licensee's use or the results of using the TCK (including relevant excerpts of the TCK itself) with other Oracle Licensees, provided that any Confidential Information disclosed by Licensee to another such TCK excerpts are inherently part licensee shall still be subject to the Confidentiality provisions of such test results)the recipient's Oracle License; or (ii) create derivative works of the TCK(s); or (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) distribute code which has been tested against the TCK and which implements a substantial portion of the Java Specification Specification: A. unless such code is included either (i) in a Product within the meaning of Section 1.9 and 1.9, or (ii) as part of a product that implements one or more Java specifications that are separately licensable components of the Java EE 7 Specification where such product satisfies the applicable compatiblity requirements for those specifications; and B. unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty (180120) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or (vii) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product the Licensee Implementation is “90% compatible” or that the Product is “more compatible” than another implementation of the same Java EE 7 Specification); provided. For the avoidance of doubt, howeverneither the affirmative statement “[name of Licensee’s] implementation of the [name of Specification in question] passed the TCK for [name of Specification in question]”, that with respect nor the corresponding negative statement, i.e. “...did not pass...”, shall be understood to a Product which Licensee has certified violate the limitation set forth in accordance with Section 2.1(d2.1(b)(vii) below, Licensee may disclose Test Reportsabove. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with (or an Intermediate Build to the extent permitted by Section 2.1[c] below)with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 1.12 of this Agreement, Licensee may neither: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee Lic- ensee may not: (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments or questions concerning its use or the results of using the TCK (including relevant excerpts of the TCK itself, provided such TCK excerpts are inherently part of such test results); or; (ii) create derivative works of the TCK(s); or; (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; orpor- tions; (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; orcorre- sponds, publish test results or make claims of comparative compati- bility; (v) distribute a product or code with which the TCK licensed hereunder has been tested against the TCK and which implements used (for example, testing a substantial portion of the Java Specification product with such TCK) unless such product or code is included in a Product within the meaning of Section 1.9 1 and unless, for each new release of a Product product by Licensee, such Product product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty (180) Sun 120 days before FCS of such version of the Productproduct; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle Sun that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or , except that if Licensee is a Qualified Indi- vidual (viias set forth in Exhibit A) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that the Product is “more compatible” than another it may test an implementation of the same Java Specification); provided, however, that with respect Specification to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with which the TCK licensed hereunder has been usedcorre- sponds when such implementation is developed by a Qualified Not- for-Profit (as set forth in Exhibit A) licensed pursuant to a Stand- Alone TCK License Agreement. HoweverFor the avoidance of doubt, except with respect neither the affirmative statement “[name of Licensee’s] implementation of the [name of Specification in question] passed the TCK for [name of Specification in question]”, nor the corresponding negative statement, i.e. “...did not pass...”, shall be understood to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all violate the other requirements for a Product limitation set forth in Section 1.9 of this Agreement, Licensee may neither: (a2.1(b)(iv) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims above concerning their implementation’s compliance with the Specification in questionpublishing test results.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not: (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments or questions concerning its use or the results of using the TCK (including relevant excerpts of the TCK itself, provided such TCK excerpts are inherently part of such test results); or (ii) create derivative works of the TCK(s); or (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) distribute code which has been tested against the TCK and which implements a substantial portion of the Java Specification unless such code is included in a Product within the meaning of Section 1.9 1.12 and unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty (180120) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or (vii) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that the Product is “more compatible” than another implementation of the same Java Specification); provided, however, that with respect to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 of this Agreement, Licensee may neither: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not: (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments or questions concerning its use or the results of using the TCK (including relevant excerpts of the TCK itself, provided such TCK excerpts are inherently part of such test results); or (ii) create derivative works of the TCK(s); or (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) distribute code which has been tested against the TCK and which implements a substantial portion of the Java Specification unless such code is included in a Product within the meaning of Section 1.9 and unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty eighty (180) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or (vii) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that the Product is “more compatible” than another implementation of the same Java Specification); provided, however, that with respect to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with (or an Intermediate Build to the extent permitted by Section 2.1[c] below)with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 of this Agreement, Licensee may neither: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not: (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments or questions concerning its use or the results of using the TCK (including relevant excerpts of the TCK itself, provided such TCK excerpts are inherently part of such test results); or (ii) create derivative works of the TCK(s); or (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) distribute code which has been tested against the TCK and which implements a substantial portion of the Java Specification unless such code is included in a Product within the meaning of Section 1.9 and unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty eighty (180) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or (vii) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that the Product is “more compatible” than another implementation of the same Java Specification); provided, however, that with respect to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 of this Agreement, Licensee may neither: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not: (i) : sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments ; or questions concerning its use or the results of using the TCK (including relevant excerpts of the TCK itself, provided such TCK excerpts are inherently part of such test results); or (ii) create derivative works of the TCK(s); or (iii) or disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) or develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) or distribute code which has been tested against the TCK and which implements a substantial any portion of the Java Specification unless such code is included in a Product within the meaning of Section 1.9 1.12 and unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty (180120) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to or test a third party’s productcode; or (vii) use the TCK to or make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that disclose information obtained from testing the Product is “more compatible” than another implementation of against the same Java Specification)TCK; provided, however, that with respect to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither For the limited scope avoidance of doubt, neither the affirmative statement “[name of Licensee’s] implementation of the grant [name of Specification in question] passed the TCK for [name of Specification in question]”, nor the corresponding negative statement, i.e. “...did not pass...”, shall be understood to violate the limitation set forth in Section 2.1(a2.1(b)(vii) nor the additional limitations set forth in Section above. Subparagraph 2.1(b)(v) above shall not be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product (or an Intermediate Build to the extent permitted by Section 3 below) with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 of this Agreement, Licensee may neither: not: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor , or (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees that satisfy all of the following conditions: (i) such products incorporate, in whole or in part, Licensee’s Product; (ii) such products themselves satisfy all the other requirements for a Product set forth in Section 1.12 of this Agreement; (iii) such products are branded with the appropriate compliance logo specified by Oracle, and licensed by Oracle to such downstream licensees and sublicensees, and (iv) such products are not distributed for direct or indirect commercial gain.

Additional Limitations. Except as otherwise set forth in Exhibit A, Licensee may not: (i) sublicense or distribute the TCK(s) to any third party, except that Licensee may share comments or questions concerning its use or the results of using the TCK (including relevant excerpts of the TCK itself, provided such TCK excerpts are inherently part of such test results); or (ii) create derivative works of the TCK(s); or (iii) disassemble or decompile binary portions of the Test Suite(s) or Test Tools or otherwise attempt to derive the source code from such portions; or (iv) develop other test suites intended to validate compatibility with the Java Specification(s) to which the TCK(s) licensed hereunder corresponds; or (v) distribute code which has been tested against the TCK and which implements a substantial portion of the Java Specification unless such code is included in a Product within the meaning of Section 1.9 1.8 and unless, for each new release of a Product by Licensee, such Product passes, in accordance with the Documentation (including the TCK Users Guide), the most current TCK applicable to the latest version of the Java Specification and available from Oracle one hundred twenty (180) days before FCS of such version of the Product; provided, however, that if Licensee elects to use a version of the TCK also provided by Oracle that is newer than that which is required under this Section 2.1(b)(v), then Licensee agrees to pass such TCK; or (vi) use the TCK to test a third party’s product; or (vii) use the TCK to make claims of comparative compatibility (for example, a claim either that a Product is “90% compatible” or that the Product is “more compatible” than another implementation of the same Java Specification); provided, however, that with respect to a Product which Licensee has certified in accordance with Section 2.1(d) below, Licensee may disclose Test Reports. Neither the limited scope of the grant set forth in Section 2.1(a) nor the additional limitations set forth in Section 2.1(b)(v) above shall be understood to require Licensee to include any particular "pass through" requirements in any license it grants concerning the redistribution of a Product with which the TCK licensed hereunder has been used. However, except with respect to downstream products developed and distributed by Licensee’s licensees and sublicensees which incorporate, in whole or in part, Licensee’s Product and themselves satisfy all the other requirements for a Product set forth in Section 1.9 1.8 of this Agreement, Licensee may neither: (a) grant or otherwise pass through to its licensees any licenses under Oracle’s applicable intellectual property rights; nor (b) authorize its licensees to make any claims concerning their implementation’s compliance with the Specification in question.